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Aug. 4, 2021 - Sean Hannity Show
29:48
David Schoen, Gregg Jarrett and the Battle To Save Your Freedom.
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This is an iHeart podcast.
All right, news rounds up information overload hour, Sean Hannity Show 800-941.
Sean, if you want to be a part of the program, one thing a lot of people have not focused on that was stated by the Attorney General in New York in the announcement as it relates to Governor Andrew Cuomo is that she was very clear that her findings show that the governor violated both New York state law and federal criminal law.
The Albany County DA has said that Governor Cuomo is under a criminal investigation, and this has yet to deal with anything regarding the nursing home cover-up with COVID.
Now the question is, will it matter to Andrew Cuomo?
He seemed defiant yesterday.
We bring in our legal team, David Schoen, civil liberties attorney.
Greg Jarrett is the host of The Brief.
It's a podcast.
Also, Fox News legal analyst wrote his two number one bestsellers, The Russia Hoax and Witch Hunt.
Greg, I read your column.
You've identified specific criminal statutes.
Yeah, more than sufficient grounds, Sean, for Andrew Cuomo to be criminally charged by the elected district attorney David Suarez.
All you have to do is take a look at Penal Code Section 130.52.
And by the way, everybody, just hang on a second.
Everyone go through your penal code and find 130.52.
Okay, go ahead.
Pull it up, and I'll quote it directly.
It's crime to, quote, forcibly touch the sexual or other intimate parts of another person against their will.
Not only is that statute very specific, but if you look up case law that interprets this statute in New York, it identifies groping and fondling as forcible touching a crime.
So and if it is considered to be forcible if it is unwanting, well, that's exactly what several of these victims allege.
But it's also sexual assault and battery, both in common law and under a state statute.
You know, if you lift the blouse of a woman and fondle her breasts against her will without consent, that's assault and battery.
And finally, there's also, people don't know this, but there's also in New York the crime of harassment.
If you touch somebody in a sexual way and leave them in fear and trepidation of further aggression, that's a crime called harassment.
So I think that Andrew Cuomo is looking at serious potential criminal charges, not to mention the federal investigation into obstruction of justice, cooking the books, lying about COVID deaths to prevent a federal investigation.
That is classic obstruction of justice.
Your take, David Schoen.
Yeah, I mean, it's very comprehensive coverage by Greg, as usual, and very important.
You know, if you look at the report starting on page 140, it kind of talks about the various statutory problems that Governor Cuomo has and so on.
But listen, there's all kinds of civil liability here also if these people decide to sue.
I would assume he might try to make some kind of a deal to avoid criminal charges by stepping down.
But, you know, that's, I guess, in the future.
Right now, he's taking a hardcore position.
Remember, we have both kinds of, a couple of varieties of sexual harassment.
The law recognizes we have a hostile workplace environment and we have quid pro quo.
That is, if you do this for me, I will do that for you.
This report is filled with both varieties in graphic detail.
And I have to tell you, they put a pretty good team on this thing.
And I mentioned before, I did a case with, I associated this Ann Clark's law firm.
Judith Flattick was the leader of that firm, very strong firm on discrimination cases.
I had a religious discrimination case I associated them in with, and we won the case.
So it's a comprehensive job.
I will say this, and I think this is classic.
It marks these investigations.
I don't think that Letitia James, the Attorney General, should have had a prominent role.
She was smart to appoint independent investigators here, but she's also getting mileage out of this thing.
And it's a classic conflict that we seem to see characterize all of these kinds of political investigations.
She wants to be governor by all accounts.
She should steer clear of this thing now.
But we see this in everything.
We see the January 6th Commission.
They just don't seem to recognize conflicts too well in the Democratic Party right now.
Now, the Albany district attorney, the Albany DA's name is David Soars.
He announced that he had launched a probe, urged any potential victims to cooperate with his office in saying we will conduct our investigation as discreetly as possible.
Now, he also told NBC News that the 168-page report had led myself and other prosecutors with concurrent jurisdiction to believe the criminal activity, in fact, has taken place.
And the most serious allegations made against Cuomo involve the November 16th incident at the executive mansion in Albany, where he was accused of putting his hand under the shirt of a female aide, and she was very specific in what happened.
Now, I know we have 11 women here, but we also have had instances where false or unproven claims are made.
Look at the case of Justice Kavanaugh.
As I always say, Greg, and I'm always consistent.
I don't rush to judgment.
I believe in innocence until proven guilty, the presumption of innocence.
I believe that people have a right to due process.
If it's one woman or two women or whatever, I mean, when you get to 11, it takes on another whole level of importance and a whole level of, you know, how widespread something like this is.
But there are some times when you've got to withhold judgment.
It seems like this is overwhelming evidence in the case of Cuomo.
It's one story after another.
It seems to be a serial pattern of his.
But when you get into a court of law or maybe even the civil side of this, which I assume will be coming, how do you prove all of this?
Well, some of these alleged incidents are corroborated both with documentation and witnesses.
That was the important part of the 168-page report.
Total of 179 interviews were conducted, and there are some witnesses to some of these.
47,000 pieces of evidence were examined.
And this very fine team, as David points out, of investigative lawyers were meticulous as they described the unwanted groping, kissing, and hugging, the highly sexualized comments.
With respect to the incident in the mansion that you and I both are talking about here, yes, it becomes a he said, she said, but corroborating evidence can be provided not by a percipient instantaneous witness, but by communications that the alleged victim made to others that confirm what happened.
That goes to the credibility of the accuser.
Like, for example, there is one of the 11 women said, you know, almost in real time, as soon as it happened, she has saved text messages.
Right.
He goes sending to a friend, oh my gosh, you're not going to believe what just happened, and explained it in detail the minute after it happened.
How powerful would that be?
That's evident.
That's extremely powerful and persuasive and compelling.
And I think it's correct for the DA to say officially to the Attorney General, please provide me all of it.
All of the evidence you have gathered, the documentation, the photographs, the interview transcripts, which I presume were under oath, since this was an investigation conducted by the state attorney general.
And armed with that plethora of evidence, I think that the DA will begin to make some decisions.
One of the first ones will be, well, I want to talk to these women myself, which is not unreasonable at all.
He has to test their credibility if he is the prosecutor.
What did you think, David Schoen, because while on the one hand, Governor Cuomo was saying, oh, well, I don't want trial in the media, on the other hand, he played these videotapes of him doing this face-holding, kissing thing that he does with all sorts of people and showing other politicians doing the same.
It seemed like he was almost trying to try the case in the media himself in terms of creating a defense.
Well, I do this all the time, and this is not unusual for me.
Oh, absolutely.
He's been trying to try the media in the case.
The Washington Post reported months ago that he enlisted his brother as a strategist.
His brother was given intelligence information and was called on to strategize on a media presentation to make.
So we know that's going on.
I want to back up one step.
You said something very important, many things very important.
One of the most important is something you have said since I've known you, and that is we don't rush your judgment.
We wait and we've applied due process and so on.
You're 100% right with that.
In this case, I must say, though, Governor Cuomo is the one who said this report would be the be-all and end-all.
He's been saying for a couple months now, guys, don't pass judgment.
Wait until the report comes out.
That report would be his due process, he said.
So the report didn't work out the way he had hoped, I suppose.
But, you know, he's going to have to eat that, I think, at some point.
But it's clear that he's playing the case in the media.
And listen, his defense so far has been like his father.
They're very warm, huggy, touchy, kissy sort of folks.
And he says he's old-fashioned and all that.
The incident you've described goes a little beyond that, as does even the state trooper incident.
That kind of touching is a little bit beyond, I think, just sort of old-timey, you know, patrician hugging somebody just, you know, and warmth.
All right, quick break.
We'll come back more with David Schoen.
Greg Jarrett on the other side, 800-941-Sean, our number right to the phones in our final half hour today.
All right, as we continue, David Schoen, Greg Jarrett, well, Andrew Cuomo faced criminal charges.
Greg, you are adamant that his video montages damaged him and hurt him.
And it was, you know, widely ridiculed all over social media.
Why do you believe legally it didn't help him?
Well, it's like saying I was inappropriate with everybody, so it's okay for me to be inappropriate with these 11 women.
It's okay for me to fondle them.
We didn't see any video or photographs of him groping a woman's breasts or grabbing a woman's posterior or touching.
Dealing specifically with the one photo of a Christmas party with a very young staffer whose face he grabbed.
I mean, there's great force behind grabbing somebody's face and neck like that and kissing them.
I mean, to me, it just creeps me out.
Oh, and the point is, he's in a position of power.
That's one of the overriding factors here: he's in a position of power.
He can keep their job, lose their job.
He can promote them or otherwise.
And that's implicit in every action in that kind of relationship.
If his defense is, I kissed Al Gore, so it's okay for me to kiss any woman I want to against my will without consent, good luck with that defense.
You know, I just, it's going to be interesting to see how this goes.
Now, you said something that also struck me here, and that is, well, he might, David, you made the point.
He might resign, and that might mitigate the criminal charges.
And I'm like, well, hang on a second.
That doesn't happen in the real world, does it?
Right.
Right.
No, I mean, that's a special kind of deal.
And I think people are going to raise a lot of ruckus if that kind of thing happens.
But, you know, if he's smart, it's something he should explore from the start.
How is he going to cut his losses in this thing?
Otherwise, it's going to be with him the rest of his life.
I mean, look, it'll be with him the rest of his life anyway.
But I mean, specifically, you know, having to face lawsuits, possible criminal charges, he should try to cut his losses as quickly and as fully as possible.
Yeah, but two to one New Yorkers think he should go.
All New York Democratic politicians are now saying it.
Pelosi and Biden are saying it.
His own lieutenant governor, who happens to be a female, calls him repulsive.
What rights do the women have here?
According to the Albany DA, nobody has filed a criminal complaint yet.
Now, that has to happen first.
They're investigating it, but wouldn't they need cooperation from the women involved in this?
Sure, they would.
And they may just have decided they don't want to pursue that.
Frankly, it would help their civil cases if they do, if they're planning to bring civil cases.
Listen, some of these women may have made the complaint not recognizing how far this thing was going to go.
And then people started coming out of the woodwork.
That's usually how these things go.
That's also why, as you said, you have to be careful because people can't.
Here's another question.
If they have these civil cases, who's going to pay, Cuomo or the New York taxpayer?
It would be both.
They would both be named defendants because Cuomo was governor.
The conduct occurred in the course and scope, although not obviously the intended course and scope of any governor.
But you can bet that the deep pocket here is really the state of New York.
I got to end it there.
We're just out of time.
Well, more on this tonight on Hannity.
Greg Jarrett, thank you.
David Schoen, thank you.
All right, 25 to the top of the hour.
We're going to get to your calls in just a second here.
It was interesting to watch.
You know, one of the governors, remember, schools and in-person learning has gone on in Florida for an entire year, while all of the draconian shutdown states have been nothing but unmitigated disaster policies on business and schools and kids and its impact.
You can't, it's incalculable at this time.
And of course, oh, Joe Biden saying that Cuomo is the gold standard on COVID.
No, not exactly, Joe, your buddy.
And so anyway, so Biden and Gen Saki start attacking Governor Ron DeSantis.
And to DeSantis' credit, he fights back.
Why don't you do your job?
Why don't you get this border secure?
And until you do that, I don't really want to hear a blip about COVID from you.
Thank you very much.
Listen to Biden, Saki, and then DeSantis' retort.
The escalation of cases is particularly concentrated in states with low vaccination rates.
Just two states, Florida and Texas, account for one-third of all new COVID-19 cases in the entire country.
Just two states.
Look, we need leadership from everyone.
If some governors aren't willing to do the right thing to beat this pandemic, then they should allow businesses and universities who want to do the right thing to be able to do it.
I say to these governors, please help.
If you aren't going to help, at least get out of the way of people who are trying to do the right thing.
Use your power to save lives.
I would say first, Florida is not the only state.
Seven states have both a statewide ban on mask mandates and a prohibition on school districts from requiring masks in schools.
And some states have even banned businesses and universities from requiring workers and students to be vaccinated.
In fact, the most extreme of these measures is in Texas, where you can be fined.
A professor or teacher can be fined if they ask a student if they are vaccinated or if they ask unvaccinated students to wear masks.
And I think the fundamental question we have is, what are we doing here?
And I will note, most Republican governors are doing exactly the right thing and doing and advocating for and taking steps to advocate for more people to get vaccinated.
But if you aren't going to help, if you aren't going to abide by public health guidance, then get out of the way and let people do the right thing to lead in their communities, whether they are teachers, university leaders, private sector leaders, or others who are trying to save lives.
Why don't you do your job?
Why don't you get this border secure?
And until you do that, I don't want to hear a blip about COVID from you.
Thank you.
Exactly.
I mean, it's like, are you serious?
You know, record numbers now, you know, 25, it's going to end up being a 30-year record of illegal immigrants coming into the country in the middle of a pandemic, and he's testing nobody.
I read today, oh, Joe is now thinking about giving the Johnson ⁇ Johnson shot or offering it to people at the border.
Thanks, Joe.
Gee, a little late, Joe.
And then pretty much people were told by Border Patrol sources that they get to pick the state, the city that they want to be driven to, and Joe's paying for it.
But that's not really Joe paying for it.
That's you paying for it.
All right, to our phones we go.
Let's say hi to Jimmy's in Wisconsin.
Jim, hi.
Glad you called.
Welcome to the show.
Hey, Sean.
Thanks for taking my call.
Hey, I was listening to your show yesterday with the doctors, and I had a question and a big concern.
But just one thing, the guy that Brett from Auburn who called, I just want to say Roll Tide.
Okay, you're going to start a fight with a little, you go ahead and you start your, you know, Roll Tide, War Eagle fight.
I'll turn the whole show over to that if I open those doors.
Well, my daughter graduates in December from Alabama.
But anyway, so nations, you should be proud.
Very much so.
Thank you.
Back in March, I was vaccinated.
And then this past Sunday, I came down with one symptom.
I lost my sense of taste.
So I go in Monday morning and I get the rapid test and I'm waiting there.
The doctor walks in, gives me the news, goes, yeah, you have it.
I said, well, now what?
She goes, well, you probably won't get any more symptoms.
I said, respiratory, everything else?
She goes, no, no, because you've been vaccinated.
I said, well, that's not what I'm saying.
Let me ask you a question.
How long had you been vaccinated at that point?
My first Pfizer shot was late March.
The second one was a week later in early April.
Okay, so it was a while ago.
Yeah, yeah.
But she still says that's fine because I'm vaccinated.
But here's what gets me.
She's telling me that, well, the other thing is she goes, I want you to quarantine, which I am up here in northern Wisconsin, just south of Lake Superior.
And she said that you're not a super spreader.
You're not going to be a spreader.
I said, well, wait a minute.
Fauci and CDC and Biden administration are telling us we are big spreaders despite being vaccinated.
Who do you believe?
Great question.
I mean, you know what the answer is?
Sadly, I can't believe anybody anymore.
I don't trust any of them.
I got to trust my doctor.
So when did you test positive?
Monday, this Monday, two days ago, Monday morning.
Look, I'm not going to tell you what to do because I don't play doctor.
If I were you in your position, I can say that the advice given by the doctors yesterday, the advice that they gave to one of my best friends on Saturday, the advice they gave last week to another friend who was unvaccinated in Georgia and his wife and then two kids, they all got it.
But he's 74 years old.
His wife is older also.
Within 24 hours of their diagnosis, they had the Regeneron infusion.
And then they followed the protocol that Dr. Farid was talking about, which included first regeneron, then ivermectin, HCQ, and they include in that vitamin D3, vitamin C, zinc, and other things.
You know, we'll put it up on our website so you have access to it.
But if you're asking what I would do, it would be what they said yesterday.
But I'm not telling you what to do.
You need to check with your own doctor.
You really do.
I don't know anything about your medical condition, history.
I don't know any of that.
Yeah.
And by the way, this is not a CYA.
This is just, I just don't know.
I'm not qualified enough beyond that, to be honest.
But what about the spreader part?
I mean, why did Fauci tell us we're super spreaders?
If you just got COVID and you tested positive on Monday, in my opinion, you better quarantine.
Now, I can tell you, look at the case in Georgia of a guy's a friend of mine, been a friend of mine for 20 years, and he's 74.
And he's not in the best shape that he should be, but he's in decent shape.
And so he got it.
And I was glad, you know, somebody ratted him out to me and told me.
And I called him.
I said, what's going on?
And then I got him in touch with these doctors.
He got the regeneron within 24 hours.
But, okay, he had it first.
And three days later, his wife had it.
And then two days after that, his son had it.
And then three days after that, his daughter had it.
My goodness.
You know, that's one example that's just happened here.
You know, on Fauci, I mean, we've played the flip-flop montage a million times.
You know, let me just remind people, how do you trust this guy?
This is why, you know, they acted in the mob and the media this week like it was something new.
I'm saying that it's time for him to go and should be fired.
But I've been saying it.
Listen.
People should not be walking around with masks.
Let me just state for the record that masks are not theater.
Wearing a mask might make people feel a little bit better.
And masks are protective.
But it's not providing the perfect protection that people think that it is.
There has not been any indication that putting a mask on and wearing a mask for a considerable period of time has any deleterious effects.
There are unintended consequences.
People keep fiddling with the mask and they keep touching their face.
And can you get some schmutz sort of staying inside there?
Of course.
You do not need to wear a mask indoors if, in fact, you've been vaccinated.
Good that you're vaccinated.
But in a situation where you have people indoors, particularly crowded, you should wear a mask.
So even if you are vaccinated, you should wear a mask.
If in fact you are vaccinated, fully vaccinated, you are protected and you do not need to wear a mask outdoors or indoors.
When the children go out into the community, you want them to continue to wear masks.
You know, if you look at children outside, particularly when they're with the family, walking down the street, playing a game or what have you, don't have to wear a mask.
The pediatric, the Academy of Pediatric, actually makes that recommendation that children should be wearing masks from two years old onward.
And you're asking now: if your child is a member of your household, can you walk outdoors with your child without a mask?
According to that chart, the answer is yes.
But the child can't, not to beat it to death.
Yes, yes.
Because now the CDC says, I mean, I think I've got this right.
One mask is better than zero masks.
Two masks is better than one mask.
But you don't have to have double masks.
Is that right?
I mean, you know, it became clear that cloth coverings that you didn't have to buy in a store that you could make yourself were adequate.
And they wanted to fit better.
So one of the ways you could do it, if you would like to, is put a cloth mask over, which actually here and here and here, where you could get leakage in is much better contained.
Are you a double masker, Dr. Fauci?
Look like you are.
It's very, very strongly leaning towards this.
Could not have been artificially or deliberately manipulated.
So I wanted to ask, are you still confident that it developed naturally?
No, I'm not convinced about that.
I think that we should continue to investigate what went on in China.
I mean, do you want to trust that guy?
No.
Now, the guys we had on yesterday, one Harvard medical school, we've had other Harvard, we'd have Yale doctors, Yale-educated doctors.
You know, again, and there are people we've had on who I don't even agree with.
I'm just trying to give the information so you can make the right decision.
I would tell you that my experience in the last week is these breakthrough cases are real and that Delta is far more contagious.
And one of the most underutilized weapons that we've not been using it enough is Regeneron, in my opinion, and the doctors we had on yesterday.
I'd urge you to go to your doctor that you trust.
And I'd say, I tested positive.
Am I contagious?
I would think the answer is a yes.
And then you want to protect the people you love.
If I knew I had it, everyone, get away from me.
Don't come near me.
That's my answer.
Stay away from me.
I don't need a thing.
That's my, you know, maybe I need you to drop off food and put it on my doorstep or something.
That's it.
Just, I don't want anyone here.
Good advice.
Good advice.
All right.
Hang in.
Listen, I'm sorry you got to go through it.
The one good news, even in Provincetown, there were very few of the 500 people, 74% of which were vaccinated, that tested positive.
And we better study what happened there and understand it so it doesn't happen again.
That needs to be investigated deeply and quickly.
But if you had the shot and you get an adult variant and you're a breakthrough case, is what statistically we will call you.
The symptoms, the level of hospitalization is very low.
And it's also, it doesn't seem to be killing people.
I mean, I know that's not the most comforting answer, but at least that's what the science is showing us today.
And I'm just sharing the information that I've read.
They only have the one symptom, loss of taste, nothing else.
Yeah, by the way, that's got to suck.
I know people that have had, that don't get it back for nine months.
It's awful.
Oh, don't tell me that.
Well, those are the long haulers.
It does happen, though.
Anyway, hang in there.
And I really am.
I'm sorry.
I don't want anyone to get this.
I know people that have struggled.
You know, a very good friend of mine's brother, 50, what, 61 years old, just got put on a ventilator at 7 a.m. this morning.
I know my friend Phil Valentine.
I've been following the case.
We've been friends for decades.
He's a colleague, talk radio host in Nashville.
Love him, love his brother, love his family.
We've kind of gotten out of contact in recent years, but my feelings for him have never changed.
He's just an awesome guy.
And then I saw last night, Linda, did you see that?
They say, and I've been reading about it and following it, and they're saying it doesn't look good.
And they're asking people to pray for a miracle.
The family is.
And I used to give his brother such a hard time out of fun.
We had a great time together, all of us.
And I'm just praying for that miracle for them.
And we're thinking of their family and friends today.
And I know he has so many fans.
He's a great patriot.
And, you know, people were saying, well, he was an anti-vaxxer.
Now he's telling people that he was wrong.
I'm like, okay, if you want to focus on that, how about we focus on maybe getting him well and letting him tell his story?
That would be my hope and dream at this point, not politicize, you know, the fact that he might have had a different opinion than you.
All right, that's going to wrap things up for us today.
We've got a great show tonight.
Hannity on the Fox News channel will continue.
Yep, mandatory vaccinations, mandatory passports, no exceptions.
This will disproportionately and negatively impact minority communities.
And it's all happening because of Democrats that want to preserve your freedom by mandating you get vaccinated.
Does that make sense?
We have Senator Ted Cruz.
We have Jim Jordan, Mark Meadows, Don Jr., Donald Trump Jr., the great one Mark Levin, and Mark McCloskey.
He got a pardon, as the governor had promised me in Missouri.
That's all coming up.
Set your DVR, Hannity 9 Eastern.
We'll see you tonight.
We'll be back here tomorrow.
Thanks for being with us.
We always know you make this show possible.
We'll never forget it.
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